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Employer asking for volunteer overtime, but with regular pay, not time and a half. Is this legal?

Atlanta, GA |

I work at a LARGE insurance company. Lately they have been asking for voluntary overtime before and after Normal shifts m-f. They are stating that this would be paid at regular hours, not time and a half. Is that legal?

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Attorney answers 3


In general, employees who are non-exempt, and work over 40 hours/week are entitled to time and a half. So this is probably a violation of the overtime laws. I suggest you contact me or another attorney on the AVVO list who handles these types of cases.


The former response is correct. If you are non-exempt, your employer must pay you and the other employees time and one half of your regular rate of pay. If you are paid hourly, you are probably non-exempt. If you are paid otherwise, the exemption will depend on duties and requirements of the position. I will be happy to discuss this with you, if you have any questions. Good luck.


More likely than not, your employer is covered by FLSA which would obligate them to pay you overtime as you describe the work scenario, assuming you are not exempt. Schedule a free consultation with an Avvo attorney and protect your rights.

*Attorney Thomas Andrew Miller (678-807-9519) provided this Reply which is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship. You are urged to seek the advice of an attorney or, in some cases, a tax professional, before taking any action. **Was this Answer helpful? Please click to give the Answer a Helpful Vote or make it the Best Answer!

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